Same-sex marriage recognition: Centre to constitute a committee to grant certain rights to same-sex couples
Today, the Supreme Court of India heard a batch of petitions regarding the recognition of Same-sex marriage for the seventh time. The matter was heard by the Constitution bench of the Supreme Court consisting of Chief Justice of India DY Chandrachud, Justice Hima Kohli, Justice PS Narasimha, Justice Sanjay Kishan Kaul, and Justice S Ravindra Bhat. During the proceedings, Solicitor General (SG) Tushar Mehta informed the top Court that Central Government agreed to constitute a committee for examining whether certain legal rights could be permitted or granted to same-sex couples without legal recognition of their marriage. The same was asked by the Supreme Court bench from the SG in the previous hearing to get instructions from the Government on certain rights to be granted to same-sex couples. The bench then asked if any executive guidelines could be issued for same-sex couples to undertake financial security measures which include provident fund, nominating partner in life insurance policies, opening joint bank accounts, etc. In this context, SG today said that “The government is positive. What we have decided is that this would need coordination between more than one ministry. So therefore a committee headed by no less than the cabinet secretary will be constituted.”
During the hearing, CJI observed, “From the drift of the submissions made by SG last time, it appears that the SG also accepts that people do have a right to cohabit, and that right is an accepted social reality. Based on that, there may be certain incidents of that cohabitation- bank accounts, insurance policies- There are practical issues which can be resolved by the government.” CJI DY Chandrachud further opined that “The Supreme Court can ensure recognition by providing broader acceptance of the right to cohabit together.” He added, “Even if we don’t we don’t want the movement to be in a situation where nothing else is at hand.” As the committee to be constituted will be headed by the Cabinet Secretary, he will be responsible to analyze or identify what social requirements could be granted to same-sex couples. SG told the Supreme Court that “the committee was constituted as granting what the petitioners are demanding- insurance, adoption, tax benefits, etc. - require multiple ministries.” Senior Advocate appearing for petitioners, Abhishek Manu Singhvi, said “there is more to be done and changes in the law is needed.”
To this, Justice Bhat mentioned that the Centre is ready to examine the petitioner’s issues and Justice Kohli added “One Step at a time, Mr. Singhvi, These submissions are coming at a time while we are in the midst of the hearing.” Following this CJI said that SG accepted that people have the right to cohabit and it is a social reality, based on that there might be some incidents like the right to reside, bank account, PF, insurance, etc. so for you it is a step forward. During the hearing, Advocate Singhi submitted that various substantial Constitutional issues were involved in the matter; therefore, the Government’s mere ‘administrative tweaking’ might not resolve the issues completely. To this, Senior Advocate Dr. Menaka Guruswamy said, “For something as simple as a pension, provident fund, gratuity, benefits - that accrues only in a marriage.” Moreover, Justice Kaul pointed out that “They are reluctant to give a status of marriage but they are not reluctant to sort out the problems arising from gay companionship without elevating it to marriage. Therefore, what is the suggestion from the bench is that the nitti-gritties of what may be done, some endeavor or step is taken in that direction. So let us accept without pre-notions.”
